海角大神

Norbert Kleinw盲chter is well aware of the staggering powers held by Germany鈥檚 Federal Office for the Protection of the Constitution (BfV).

The far-right political party of which he is a member, Alternative for Germany (AfD), is already being monitored in three German states over concerns about its activities. Now, the AfD聽may be declared unconstitutional following the conclusion of a two-year investigation by the BfV. That would put the party 鈥� and potentially every member 鈥� under state surveillance, just seven months away from federal elections.

Mr. Kleinw盲chter is undeterred. 鈥淚 stand by the things I do and say. I have no anti-democratic goals.鈥�

In the wake of the U.S. Capitol riots, after which far-right groups have drawn the scrutiny of U.S. federal officials, the German situation taps into a global debate: How should democracies best stamp out extremism, while still paying heed to civil rights and individual freedoms? With its focus on the AfD, a party that swept into the German parliament on a platform that included anti-Muslim rhetoric, the federal office is focusing on its largest and most mainstream target yet.

鈥淚n comparison to the U.S., history has given Germany greater recognition of the dangers for democracy, in particular, of inciting rhetoric against minorities,鈥� says Aletta Diefenbach, a sociologist at the Free University of Berlin. 鈥淭herefore, there鈥檚 greater [societal] acceptance of restrictions for freedom of expression, and for a party being classified as right-wing extremist by the federal constitution. But [the designation] doesn鈥檛 solve the problem that people think like this, and that they organize. That鈥檚 a problem that the whole of society has to solve.鈥�

A hard course for the AfD

Though founded in 2013 to resist European Union integration, the AfD found its first major political success a few years later when, amid Europe鈥檚 migration crisis, it adopted a nationalist, anti-immigration platform. A portion of its membership initially derived from Chancellor Angela Merkel鈥檚 海角大神 Democratic Union, whose right flank broke off in part over what it viewed as her too-lenient migration policies. The AfD swiftly doubled its membership and took seats in both state legislatures and the Bundestag, the national parliament. Pre-pandemic, the AfD was polling with support across Germany in the mid-20 percentages.

The AfD鈥檚 social media strategies were wildly successful, toying with emotions but also playing loose with facts. For example, it has overstated the number of migrants seeking asylum, falsely claimed that foreigners commit more crimes in Germany, and cautioned that Europe was becoming 鈥淓urabia鈥� with ads depicting white women surrounded by Muslim men. Its leaders have declared Islam incompatible with German culture.

This activity is part of what the BfV would declare in violation of the German constitution鈥檚 provisions for human dignity, principle of democracy, and other tenets.

Launched right after World War II, the聽BfV was a young democracy鈥檚 effort to ensure, in part, that Nazi ideologies never again took hold. Its monitoring powers are vast: It can surveil, wiretap, infiltrate, and use paid informants to assess domestic threats. Typical targets in recent years have been extremism on the far-left and far-right, terrorism, cults, and organized crime.

The AfD鈥檚 momentum waned during the pandemic, as Germans turned to Ms. Merkel and her coalition for leadership amid the crisis. And being labeled 鈥渦nconstitutional鈥� would hand the AfD an unprecedented set of challenges.

The party had already seen a spate of resignations amid knowledge that its activities were being considered by the BfV for possible observation. But it will likely become even more difficult to fundraise, says Berlin AfD politician G枚tz Fr枚mming, and membership is down to single-digit percentages in North Rhine Westphalia, Germany鈥檚 most populous state, after years of momentum there. Police officers, judges, and other civil servants might be further deterred from joining.

鈥淪urveillance goes hand in hand with further public stigmatization,鈥� says Dr. Fr枚mming. 鈥淭his affects us in the exercise of our democratic rights and duties, such as holding party meetings. It鈥檚 already difficult for us to even find spaces where we can gather.鈥�

Justice or politics?

The threat of observation has prompted grumbling from AfD members. 鈥淲e never said we want to deport German nationals just because they are Muslims or foreigners,鈥� says Roland Hartwig, an AfD parliamentarian from western Germany. Until recently, Mr. Hartwig oversaw an AfD working group that studied what words or actions might be in constitutional violation. 鈥淥ur goals are just to have controlled immigration. We want to decide who can come in and stay here.鈥�

The government and media 鈥渨ill never stop defaming us,鈥� says Matthias B眉ttner, an AfD parliamentarian. 鈥淚nstead we should stand tall and oppose this regime of injustice.鈥�

Moderate AfD members clarify they鈥檙e not criticizing the gathering of the information, or even the office itself, which was meant to protect Germany against extremist threats. Rather, they鈥檙e decrying what they see as a calculated political move to hurt them ahead of federal elections in September.

鈥淭he problematic step is when the information is evaluated,鈥� says Markus Dossenbach, chief of staff for two AfD members of the Bundestag and a former CDU member. 鈥淪ubjective opinion comes into play when evaluating this information. That鈥檚 where the political manipulation is seen. As soon as anyone within the AfD says anything out of line, the reaction is to say the entire party needs to be put under surveillance. This is the easiest way to block financial support, to block new members from joining, and to steal back a few voters from the moderate side.鈥�

Ms. Merkel and her coalition parties have denied any political motivation, with leadership declining to advise the federal office on the matter. The BfV 鈥渕ust make a free decision on the matter, otherwise the impression could quickly arise that parties were trying to use [the office] for their own purposes,鈥� parliamentary group vice-chairman Thorsten Frei told a newspaper editorial team in early 2021.

Experts say that the observation system is designed to be firewalled from politics, in part via a clear set of criteria according to which the classification of 鈥渦nconstitutional鈥� is made. The court will pursue any legal actions in such a way that basic civil rights are weighed, adds Dr. Diefenbach. 鈥淪ome consider [declaring it unconstitutional] a good way to demonstrate the AfD is not a democratic party and that it鈥檚 a dangerous party. It鈥檚 a first step.鈥�

Limited support for the AfD

The party will contest any decision in court, and its legal actions so far may have delayed the office鈥檚 鈥渦nconstitutional鈥� designation, which was expected several weeks ago. Further legal action could take years to wind its way through the courts, though the office could launch surveillance in the meantime.

Ultimately though, AfD may be fighting against the tide; a majority of the public is in favor of placing the party under observation, according to . A 2020 report found two-thirds surveyed agreed with the decision to place the party鈥檚 extremist wing Der Fl眉gel under surveillance.

Over the long term, the 鈥渦nconstitutional鈥� declaration would only be the first move in a complicated fight against extremism. After all, the AfD鈥檚 success indicates deep societal rifts, analysts say.

A 2019 German Federal Anti-Discrimination Agency found that the number of racist and discriminatory incidents across the country has doubled since 2015. And, found that more than a third of Germans wouldn鈥檛 rent to immigrants.

鈥淭here鈥檚 a relevant number of hard-boiled racists and anti-Semites and maybe even far-right extremists, and they might be able to control their statements in the short term, but not in the long run,鈥� says Fabian Virchow, head of a research unit on far-right extremism at the University of Applied Sciences in Dusseldorf. 鈥淎nd the structures of society are still largely white, such as administration and police. It鈥檚 a long way to go to change the soil from which these parties are born.鈥�